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Ordinance 1987-16 r � , 17 1-1 1115- v ORDINANCE 1987- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (ROBERT E. LEE) KANE COUNTY BANK S TRUST under TRUST #765 REAL ESTATE WHEREAS, it is in the best interest of the United City of the Village of Yorkville, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the United City of the Village of Yorkville; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS. the legal owners of record of the territory which is the subject said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in Section 11-15. 1-1 through 11-15. 1-5 of Chapter 24 of the Illinois Revised Statutes, as amended, for the execution of said Annexation Agreement has been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. SECTION 3: The United City of the Village of Yorkville hereby grants a rezoning of said property to "O" Office District. PASSED at a regular meeting of the City Council of the United City of the Village of Yorkville on October 22, 1987. SIGNED and APPROVED by me, as Mayor, this 22nd day of October, 1987. MAYOR ATTEST: FILED FOR RECORD CITY CLERK nOC KEND L,COUNTY I C # (SEAL) 0E 2 RECORDER OF DEEDS -2- rantay Almxed to ttae thtea City of ttae Vlloge of YaMille i a � PhsscW ca►pWaft Limits Of the N89°40�05�E INWINNN&NO38 14 305./3 58904005 W 655.52 North Line of the vortheost ouorter of Section 5-36-7 5 4 Norlheosf acrner of the A&fhecst y aerfer of ° Section 5-36-7 o d .p 33' Ov' Annexe f� r TO N v S, V m R=295349 3/./5, 40 303 15' S89°4005 W 338.14 _ Prep ofed by Darahue, Thawhill and ason 217 South &7bt a Suet Yorkville, Alcools 60560 (312)553-0050 October 15,1987 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE THIS AGREEMENT is made and entered into this 22nd day of October, 1987, by and between the United City of the Village of Yorkville, Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and ROBERT E. LEE and KANE COUNTY BANK S TRUST as TRUSTEE, under Trust #765, of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WI TNESSETH: WHEREAS, the Owners, ROBERT E. LEE and KANE COUNTY BANK & TRUST as Trustee under Trust #765, are the owners of land, which lies generally North of and contiguous to the existing corporate limits of the City which said land is more particularly described on Exhibit "A" attached hereto and made a part hereof: and WHEREAS, the Owners are desirous of using said real property described in Exhibit "A" for business use and are desirous of assuring to themselves that said land can be used for said purposes if said land is annexed to the City of Yorkville; and WHEREAS, the Owners have presented and the City has considered the tracts of land herein described for business and commercial purposes in order to make said real estate a desireable addition to the City; and WHEREAS, the City has requested the Owners to annex the said land into the City and its Plan Commission and Zoning Board of Appeals and the City Council have heretofore approved the proposed land use and the zoning of the same at the joint request of the Owners and the City; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land heretofore described? will be annexed to the City in an orderly manner; and WHEREAS, it is the intention of the Owners upon the annexation of the real estate to the City to use said real property described in Exhibit "A" for business and commercial use to be located as shown in the annexation drawing attached hereto, prepared by Donahue, Thornhill and Olson and dated , 1987, and h-1, accordance with the terms and conditions of this Agreement; and WHEREAS, the Owners and their representatives have discussed the proposed Annexation and have had public meetings with the Plan Commission, the Zoning Board of Appeals, and the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in Chapter 24, Sections II-15.1-1 through 11-15.1-5, Illinois Revised Statutes, 1985, as amended, as follows: I. ANNEXATION AND ZONING: The City shall adopt an ordinance annexing to the City all of the real estate described on Exhibit "A" and the City in said ordinance shall zone the real estate described on Exhibit "A", subject to the further terms of this Agreement as "O" Office District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "A", "O"Office District, said real estate to be used and developed in accordance with this Agreement and with the City Subdivision Control Ordinance. 2. The City agrees that in consideration of Petitioner-Owner voluntarily annexing to the City, the City will do the following: A) Petitioner-Owner and their successors, heirs, and assigns shall given free water and sewer hook-ups, waiving any fee customarily paid to the City on land being annexed to the City for a period of fifteen (15) years from the date of execution of this agreement. Nothing contained herein shall be deemed to be a waiver of sewer hook-up fees due the Yorkville-Bristol Sanitary District which is a totally independent governmental entity. This agreement further shall not be construed as a warranty or promise of when water and sewer main extensions will be made available. In the event a water meter in excess of I" is necessary for water service, the cost of said meter shall be paid by the user. B) The City shall not allow any developer or other party to charge Petitioner-Owner, or their successors, heirs and assigns for recapture in order to hook-up to a water or sewer main extension. C) The City shall pay the cost of preparing all annexation drawings, petitions, and public notices. The City further agrees to waive all annexation fees. D) Petitioner-Owners shall maintain a fifty foot (50') North side-yard. E) Petitioner-Owner shall provide water detention on-site so as to prevent the flow of excessive run-off from going on to the residential lots to the North. F) That a natural screening shall be maintained to the satisfaction of the City Zoning Administrator on the North boundary. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the Owner shall comply, in all respects with all of the provisions of the Subdivision Control Ordinance of the City in the development of the real estate herein described in the event of any future development on the subject property. -2- 4. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successors, owners or record of land which is the subject of this Agreement,assignees, lesses, and upon any successor municipal authorities of said City. 5. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 610 Tower Lane Yorkville, Illinois 60560 With a copy to: Daniel J. Kramer Attorney at Law 308 S. Bridge Street Yorkville, Illinois 60560 If to the Owners: Robert E. Lee 1111 S. Bridge Street Yorkville, Illinois 60560 Kane County Bank & Trust as Trustee under Trust #765 122 N. Main Elburn, Illinois 60119 or to such other addresses as any party may from time to time designate in a written notice to the other parties. 6. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 7. ENACTMENT OF ORDINANCES: The City agrees to adopt any ordinances which are required togiVe legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this .-" ' day of C.�C: c -(�t 1987. UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois { MAYOR ATTEST. CITY''CLERK -3- ..021..._ KANE COUNTY BANK AND TRUST COMPANY, as Trustee under Trust #765 BY: r ATTEST:— -4- That part of the North East 1/4 of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the North East corner of said North East 1/4; thence South 89 degrees, 40 minutes, 05 seconds West along the North line of said North East 1/4 655.52 feet to the tangent center line of Illinois State Route No. 47 extended from the South for a point of beginning; thence South 01 degrees, 44 minutes, 07 seconds East along said extended tangent line 257.72 feet; thence South 89 degrees, 40 minutes, 05 seconds West 338.14 feet; thence North 01 degrees, 44 minutes, 07 seconds West 257.72 feet to said North tine; thence North 89 degrees, 40 minutes, 05 seconds East along said North line 338.14 feet to the point of beginning, in the Township of Kendall, Kendall County, Illinois. " KANE CC TY BANK AND TRUST CO., C. Trust No. 765 OWNER OWNER -ALD R AN ALDERMAN, AL--Q AN a A L D E AN AL E MA ALD k�M � - SAL RMjKN N -4-